Case: Shubert v. Obama

4:07-cv-00693 | U.S. District Court for the Northern District of California

Filed Date: May 17, 2006

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 17, 2006, American citizens who use the telephone and internet filed a class action lawsuit on behalf of themselves and others similarly situated in the United States District Court for the Eastern District of New York. The plaintiffs sued the President of the United States of America, the National Security Agency and the Attorney General under the Declaratory Judgment Act and bivens. Represented by private counsel, they sought declaratory, injunctive, and monetary relief, claiming that…

On May 17, 2006, American citizens who use the telephone and internet filed a class action lawsuit on behalf of themselves and others similarly situated in the United States District Court for the Eastern District of New York. The plaintiffs sued the President of the United States of America, the National Security Agency and the Attorney General under the Declaratory Judgment Act and bivens. Represented by private counsel, they sought declaratory, injunctive, and monetary relief, claiming that the defendant's electronic surveillance program violated the Foreign Intelligence Surveillance Act ("FISA"), the Wiretap Act, the Stored Communications Act, and the Fourth Amendment. Specifically, the plaintiffs alleged the government had engaged in a massive, indiscriminate, illegal dragnet of the phone calls and email of tens of millions of ordinary Americans since the September 11 terrorist attacks. Allegedly, the core component of the defendant's surveillance program was a nationwide network of sophisticated communication surveillance devices attached to the key facilities of various telecommunication companies carrying Americans' Internet and telephone communications.

On February 2, 2007, this case was transferred to the United States District Court for the Northern District of California. The Multi District Litigation (MDL) Panel then consolidated the case as part of a multi-district litigation, In Re National Security Agency Telecommunications Records Litigation, NS-CA-11, in this Clearinghouse. For information about what happened while the case was a part of the consolidation see NS-CA-0004. After dismissals of almost all of the cases in the MDL, this case was one of only two cases remaining. The other case was Jewel v. NSA, see NS-CA-0002, in this Clearinghouse.

On January 21, 2010, Judge Walker dismissed this case and Jewel v. NSA, holding the plaintiffs lacked standing. Jewel v. National Sec Agency, 2010 WL 235075 (N.D. Cal. Jan. 21 2010). The plaintiffs appealed.

On December 29, 2011, the Ninth Circuit vacated that judgment. Writing for the Ninth Circuit, Judge McKeown held that the plaintiffs did have standing and remanded the case back to district court "with instructions to consider, among other claims and defenses, whether the government's assertion that the state secrets privilege bars this litigation." Jewel v. NSA, 673 F.3d 902 (9th Cir. 2011).

Upon remand, the plaintiffs moved for partial summary adjudication, requesting that the district court dismiss the defendants' state secret defense. The defendants cross-moved to dismiss on the basis of sovereign immunity for the statutory claims and for summary judgment on the assertion of the state secrets privilege.

On May 8, 2012, the plaintiffs filed a second amended class action complaint and demand for a jury trial against government defendants. Earlier in 2012, Judge Walker had retired, so the matter was reassigned to District Judge Jeffrey S. White on September 17, 2012.

On July 23, 2013, Judge White granted the plaintiffs' motion for partial summary adjudication, rejecting the defendants' state secrets defense. However, the Judge White also granted the defendants' motion to dismiss the plaintiffs' claims for damages under FISA and all statutory claims for injunctive relief on the basis of sovereign immunity. Judge White reserved ruling on the Defendants' motions for summary judgment on remaining non-statutory claims (counts 1—4 of the Jewel Complaint and the fourth cause of action in the Shubert Complaint). Jewel v. Nat'l Sec. Agency, 965 F. Supp. 2d 1090 (N.D. Cal. 2013).

On March 10, 2014, Judge White entered a temporary restraining order requiring the preservation of relevant evidence pending the parties' further briefing and the Court's final determination of the preservation issues. In its restraining order, the Court required that the government refrain from "destroying any potential evidence relevant to the claims at issue in this action, including but not limited to prohibiting the destruction of any telephone metadata or 'call detail' records, pending further order of the Court." This order applied to this case, as well as Jewel v. NSA and First Unitarian Church of Los Angeles v. NSA, NS-CA-0003, in this Clearinghouse.

This temporary restraining order directly conflicted with an order to destroy all metadata within five years of collection issued by the Foreign Intelligence Surveillance Court in In re Application of the FBI for an Order Requiring the Production of Tangible Things From [Redacted], BR 14-01, NS-DC-0051, in this Clearinghouse. As a result, the FISC granted temporary relief from the five-year destruction requirement but required that telephony metadata being preserved beyond the five-year limitation not be used by the NSA for any purpose.

On February 10, 2015, the Court denied the plaintiffs' motion for partial summary judgment and granted the defendants' motion for partial summary judgment with regard to Plaintiffs' claim that interception of their internet communications was a violation of their rights under the Fourth Amendment. The Court found that the plaintiffs did not establish a sufficient factual basis to sue under the Fourth Amendment, and even if plaintiffs did establish sufficient facts, the claim would be dismissed because any defense would impermissibly disclose state secret information. 2015 WL 545925.

On May 20, 2015, the Court ordered final judgment in favor on the defendants based on the February 10, 2015 order.

The docket was last updated on March 5, 2018. The Court granted a Stipulated Protective Order with regard to Plaintiffs' personal information. Within 60 days of the final disposition of the action, the Defendants were required to return or destroy all protected material.

Summary Authors

Michael Mirdamadi (11/18/2013)

Jessica Kincaid (7/7/2014)

Cade Boland (3/19/2018)

Related Cases

Center for Constitutional Rights v. Obama, Northern District of California (2006)

Hepting v. AT&T, Northern District of California (2006)

In re National Security Agency Telecommunications Records Litigation, Northern District of California (2006)

Jewel v. National Security Agency, Northern District of California (2008)

First Unitarian Church of Los Angeles v. National Security Agency, Northern District of California (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166558/parties/shubert-v-bush/


Judge(s)

McKeown, M. Margaret (California)

Walker, Vaughn R. (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Cohn, Cindy A. (California)

Maazel, Ilann M. (New York)

Pulver, Adam R. (District of Columbia)

Attorneys(s) for Defendant

Ahern, Paul Edward (District of Columbia)

Berman, Marcia (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Judge(s)

McKeown, M. Margaret (California)

Walker, Vaughn R. (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Cohn, Cindy A. (California)

Maazel, Ilann M. (New York)

Pulver, Adam R. (District of Columbia)

Attorneys(s) for Defendant

Ahern, Paul Edward (District of Columbia)

Berman, Marcia (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Gilligan, James J (District of Columbia)

Haas, Alexander K (District of Columbia)

Patton, Rodney (District of Columbia)

Whitman, James R. (District of Columbia)

Documents in the Clearinghouse

Document

4:07-cv-00693

Docket [PACER]

Schubert v. Bush

March 5, 2018

March 5, 2018

Docket
1

1:06-cv-02282

Class Action Complaint/Demand for Jury Trial

Schubert v. Bush

U.S. District Court for the Eastern District of New York

May 17, 2006

May 17, 2006

Complaint

06-01791

Classified Declaration of J. Michael McConnnell, Director of National Intelligence

Schubert v. Bush

May 24, 2007

May 24, 2007

Declaration/Affidavit

06-01791

Classified Declaration of Lt. Keith B. Alexander, Director, National Security Agency

Schubert v. Bush

May 25, 2007

May 25, 2007

Declaration/Affidavit
38-1

06-01791

Classified Declaration of Dennis C. Blair Director of National Intelligence

Schubert v. Bush

Oct. 30, 2009

Oct. 30, 2009

Declaration/Affidavit

06-01791

Classified Declaration of Lt. Keith B. Alexander, Director, National Security Agency

Schubert v. Bush

Oct. 30, 2009

Oct. 30, 2009

Declaration/Affidavit
46

4:07-cv-00693

4:08-cv-04373

Order

2010 WL 235075

Jan. 21, 2010

Jan. 21, 2010

Order/Opinion
47

06-01791

Judgment

Shubert v. Bush

Jan. 25, 2010

Jan. 25, 2010

Order/Opinion
48

4:07-cv-00693

06-01791

Order

Jewel v. National Security Agency Shubert v. Obama

Feb. 4, 2010

Feb. 4, 2010

Order/Opinion
56

09-16676

09-16677

3:06-cv-06434

06-01791

09-16679

3:06-cv-06295

09-16682

3:06-cv-05066

09-16683

3:06-cv-06313

09-16684

3:06-cv-03596

09-16685

3:06-cv-03574

09-16686

3:06-cv-06570

09-16687

3:06-cv-06254

09-16688

3:06-cv-06222

09-16690

3:06-cv-06387

09-16691

3:06-cv-06224

09-16692

3:06-cv-05065

09-16693

3:06-cv-05064

3:06-cv-06388

09-16696

3:06-cv-05267

09-16697

3:06-cv-05067

09-16698

3:06-cv-05269

09-16700

3:06-cv-06385

09-16701

3:06-cv-06924

09-16702

3:06-cv-05452

09-16704

3:06-cv-05343

09-16706

3:06-cv-05341

09-16707

3:07-cv-02538

09-16708

3:06-cv-07934

09-16709

3:07-cv-01243

09-16710

3:06-cv-03467

09-16712

3:06-cv-04221

09-16713

3:06-cv-05340

09-16717

3:06-cv-06294

09-16719

3:07-cv-00464

09-16720

3:07-cv-02029

09-16723

3:06-cv-05485

Order

In re: National Security Agency Telecommunications Records Litigation [and others]

U. S. Court of Appeals for the Ninth Circuit

March 18, 2011

March 18, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166558/shubert-v-bush/

Last updated May 20, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

Case transferred in from the Eastern District of New York; Case Number 1:06-cv2282 FB-MDG. Original file certified copy of transfer order and docket sheet received.. Filed bySarah Dranoff, Hilary Botein, Virginia Shubert, Noha Arafa. (gsa, COURT STAFF) (Filed on 2/2/2007) Additional attachment(s) added on 2/5/2007 (gsa, COURT STAFF). (Entered: 02/05/2007)

1 Doc#01-2 Civil Cover Sheet

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2 Doc#02 Summons Returned

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3 Doc#03 Notice of Appearance

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4 Doc#04-1 Ntc of Filing Before MDL Panel

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5 Doc#05 Stipulation

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6 Doc#06 Mot for Extension

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7 Doc#07 Summons Returned

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8 Doc#08 Stipulation

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9 Doc#09-1 Notice Re MDL Decision

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10 Doc#09-2 Exhibit to Notice

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11 Doc#10 Stipulation

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12 Doc#11 Stipulation

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13 Doc#12-1 Notice of Decision

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14 Doc#12-2 Exhibit to Notice

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15 Doc#13 Letter from MDL Panel

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16 Doc#14 Letter from MDL Panel

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17 Doc#15-1 Clerk's Notice re Transfer

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18 Doc#16 E-Mail Transmittal

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19 Doc#4-2 Exhibit A to Notice

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20 Doc#4-3 Exhibit B to Notice

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21 Docket Sheet

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Feb. 2, 2007

Feb. 2, 2007

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2

IT IS SO ORDERED AS MODIFIED: Pursuant to the stipulation: On or before 5/18/2007, the Government may file a dispositive motion and any assertion of the military and state secrets privilege in Shubert v. Bush, on or before 6/29/2007, Plaintiffs may file opposition to the dispositive motion; on or before 7/20/2007, the Government may file a reply brief in support of its dispositive motion. Oral argument on the dispositive motion has been set for 8/16/2007 at 2:00 PM. Signed by Chief Judge Vaughn R Walker on 3/20/2007. (cgk, COURT STAFF) (Filed on 3/20/2007) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

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STIPULATION and Proposed Order to Extend Briefing and Hearing Schedule in Shubert v. Bush, Case No. 07-00693 filed by Government Defendants in their official capacity by George W. Bush, Michael V. Hayden, Keith B. Alexander, Alberto Gonzales. (Coppolino, Anthony) (Filed on 5/9/2007) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

PACER
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STIPULATION AND ORDER GRANTING to extend briefing and hearing schedule in Shubert v. Bush re 3 Stipulation, filed by Alberto Gonzales,, George W. Bush,, Keith B. Alexander,, Michael V. Hayden. On or 5/25/2007, the Government will file a dispositive motion, opposition to be filed on or before 7/13/2007, any reply in support of the dispositive motion shall be filed on or before 8/3/2007. The hearing is set for 8/30/2007 at 2:00 PM. Signed by Chief Judge Vaughn R Walker on 5/11/2007. (cgk, COURT STAFF) (Filed on 5/14/2007) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

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Memorandum in Opposition re (253 in M:06-cv-01791-VRW) MOTION to Dismiss or, in the Alternative, for Summary Judgment on State Secrets Grounds filed byDennis P. Riordan. (Pulgram, Laurence) (Filed on 6/22/2007) (Entered: 06/22/2007)

June 22, 2007

June 22, 2007

PACER
6

Declaration of Candace J. Morey in Support of (315 in M:06-cv-01791-VRW) Memorandum in Opposition to Motion to Dismiss or In the Alternative for Summary Judgment by the United States filed byDennis P. Riordan. (Attachments: # 1 Exhibit A-Z# 2 Exhibit AA-II# 3 Exhibit JJ-KK)(Morey, Candace) (Filed on 6/22/2007) (Entered: 06/22/2007)

1 Exhibit A-Z

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2 Exhibit AA-II

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3 Exhibit JJ-KK

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June 22, 2007

June 22, 2007

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7

Memorandum in Opposition re (273 in M:06-cv-01791-VRW) MOTION to Dismiss Plaintiffs' Master Consolidated Complaint filed byElaine Spielfogel-Landis(on behalf of herself and all others similarly situated). (Himmelstein, Barry) (Filed on 6/23/2007) (Entered: 06/23/2007)

June 23, 2007

June 23, 2007

PACER
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Appendix re (6 in 3:07-cv-00464-VRW, 5 in 3:07-cv-01187-VRW, 7 in 3:06-cv-06254-VRW, 7 in 3:06-cv-05576-VRW, 5 in 3:06-cv-07934-VRW, 4 in 3:07-cv-02029-VRW, 5 in 3:06-cv-06434-VRW, 6 in 3:06-cv-05269-VRW, 67 in 3:06-cv-03596-VRW, 7 in 3:06-cv-06570-VRW, 13 in 3:06-cv-06224-VRW, 5 in 3:06-cv-06294-VRW, 70 in 3:06-cv-03574-VRW, 6 in 3:06-cv-05268-VRW, 12 in 3:06-cv-06387-VRW, 5 in 3:07-cv-01323-VRW, 7 in 3:06-cv-05066-VRW, 13 in 3:06-cv-06222-VRW, 5 in 3:06-cv-06435-VRW, 7 in 3:06-cv-05063-VRW, 7 in 3:06-cv-06253-VRW, 7 in 3:07-cv-01396-VRW, 7 in 3:07-cv-00693-VRW, 7 in 3:06-cv-06295-VRW, 8 in 3:06-cv-06313-VRW, 7 in 3:06-cv-05065-VRW, 7 in 3:06-cv-05067-VRW, 5 in 3:06-cv-05452-VRW, 6 in 3:06-cv-05340-VRW, 319 in M:06-cv-01791-VRW, 7 in 3:06-cv-05064-VRW, 32 in 3:06-cv-03467-VRW, 5 in 3:07-cv-01326-VRW, 9 in 3:07-cv-00109-VRW, 7 in 3:06-cv-06225-VRW, 5 in 3:07-cv-01242-VRW, 5 in 3:06-cv-06388-VRW, 13 in 3:07-cv-01324-VRW, 351 in 3:06-cv-00672-VRW, 6 in 3:06-cv-05267-VRW, 5 in 3:06-cv-06385-VRW, 6 in 3:06-cv-05341-VRW, 5 in 3:07-cv-01243-VRW, 8 in 3:06-cv-05485-VRW, 7 in 3:06-cv-05343-VRW, 4 in 3:06-cv-06924-VRW, 4 in 3:07-cv-02538-VRW, 14 in 3:06-cv-04221-VRW) Memorandum in Opposition, to Verizon's Motion to Dismiss Master Complaint filed byElaine Spielfogel-Landis(on behalf of herself and all others similarly situated). (Attachments: # 1 Exhibit Tabs 4-12# 2 Exhibit Tabs 13-20)(Himmelstein, Barry) (Filed on 6/23/2007) (Entered: 06/23/2007)

1 Exhibit Tabs 4-12

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2 Exhibit Tabs 13-20

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June 23, 2007

June 23, 2007

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STIPULATION and Order to Extend Deadlines for Motion to Dismiss and Related Briefing in Shubert v. Bush, Case No. 07-693 by Sarah Dranoff, Hilary Botein, Virginia Shubert, Noha Arafa. (Maazel, Ilann) (Filed on 7/12/2007) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

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STIPULATION AND ORDER re 9 filed by Hilary Botein, Virginia Shubert, Sarah Dranoff, Noha Arafa. On or before 7/20/2007, Plaintiffs will file an opposition to the Government's dispositive motion in Shubert v Bush, C07-0693. On or before 8/16/2007, the Government will file a reply brief in support of its dispositive motion. Signed by Chief Judge Vaughn R Walker on 7/13/2007. (cgk, COURT STAFF) (Filed on 7/13/2007) (Entered: 07/13/2007)

July 13, 2007

July 13, 2007

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Memorandum in Opposition to Defendants' Motion to Dismiss filed bySarah Dranoff, Hilary Botein, Virginia Shubert, Noha Arafa. (Attachments: # 1 Part 2 of Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss)(Maazel, Ilann) (Filed on 7/19/2007) (Entered: 07/19/2007)

1 Part 2 of Plaintiffs' Memorandum of Law in Opposition to Motion to Dismiss

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July 19, 2007

July 19, 2007

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12

AFFIDAVIT in Opposition Declaration of Ilann M. Maazel Pursuant to Rule 56(f) in Opposition to Defendants' Motion to Dismiss or for Summary Judgment filed bySarah Dranoff, Hilary Botein, Virginia Shubert, Noha Arafa. (Maazel, Ilann) (Filed on 7/19/2007) (Entered: 07/19/2007)

July 19, 2007

July 19, 2007

PACER
13

Minute Entry: Motions Hearing held on 8/30/2007 before Chief Judge Vaughn R Walker. PROCEEDINGS:1. Verizon's Motion to Dismiss for Lack of Personal Jurisdiction. 2. Verizon's Motion toDismiss Complaint in Chulsky, Riordan and Bready. 3. Verizon's Motion to Dismiss Plaintiffs Master Complaint.4. United States' Motion to Dismiss Complaints on State Secrets Grounds (Chulsky, Riordan, Bready). 4. United States' Motion to Dismiss in Shubert. 5. United States' Motion to Intervene - granted. RESULTS:The Court heard argument from counsel. The Court took the matter(s) under-submission.Court to issue written ruling. (Court Reporter Kathy Powell.) (cgk, COURT STAFF) (Date Filed: 8/30/2007). (Entered: 09/04/2007) (Entered: 09/04/2007)

Aug. 30, 2007

Aug. 30, 2007

PACER
14

MOTION Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Order to Preserve Evidence filed by All Plaintiffs'. Motion Hearing set for 10/25/2007 02:00 PM in Courtroom 6, 17th Floor, San Francisco. (Cohn, Cindy) (Filed on 9/21/2007) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

PACER
15

Declaration of Cindy A. Cohn in Support of 14 Plaintiffs' Motion for Order to Preserve Evidence filed byAll Plaintiffs'. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Cohn, Cindy) (Filed on 9/21/2007) Modified on 10/1/2007 (gsa, COURT STAFF). (Entered: 09/21/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Sept. 21, 2007

Sept. 21, 2007

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Proposed Order [Proposed] Interim Order to Preserve Evidence by All Plaintiffs'. (Cohn, Cindy) (Filed on 9/21/2007) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

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Cover sheet of TRANSCRIPT of Proceedings held on 8/30/2007 before Judge Vaughn R. Walker. Court Reporter: Katherine A. Powell. Complete transcript is in MDL 06-1791 VRW. (gsa, COURT STAFF) (Filed on 10/1/2007) (Entered: 10/02/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
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MOTION to Amend/Correct 14 MOTION Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Order to Preserve Evidence filed by All Plaintiffs'. Motion Hearing set for 11/15/2007 02:00 PM in Courtroom 6, 17th Floor, San Francisco. (Cohn, Cindy) (Filed on 10/3/2007) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
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Memorandum in Opposition re 14 MOTION Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Order to Preserve Evidence, 18 MOTION to Amend/Correct 14 MOTION Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Order to Preserve Evidence MOTION to Amend/Correct 14 MOTION Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Order to Preserve Evidence filed byGeorge W. Bush, Michael V. Hayden, Keith B. Alexander, Alberto Gonzales, John Ashcroft. (Attachments: # 1 Affidavit Coppolino Declaration & Exhibits Thereto)(Haas, Alexander) (Filed on 10/25/2007) (Entered: 10/25/2007)

1 Affidavit Coppolino Declaration & Exhibits Thereto

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Oct. 25, 2007

Oct. 25, 2007

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NOTICE by George W. Bush, Michael V. Hayden, Keith B. Alexander, Alberto Gonzales, John Ashcroft re 19 Memorandum in Opposition,,, of Lodging of Classified Supplement & accompanying Declaration (Haas, Alexander) (Filed on 10/25/2007) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

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RESPONSE in Support re 14 MOTION Plaintiffs' Motion for Order to Preserve Evidence; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Order to Preserve Evidence filed byAll Plaintiffs'. (Cohn, Cindy) (Filed on 11/2/2007) (Entered: 11/02/2007)

Nov. 2, 2007

Nov. 2, 2007

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NOTICE by George W. Bush, Michael V. Hayden, Keith B. Alexander, Alberto Gonzales, John Ashcroft of Manual Filing (Haas, Alexander) (Filed on 12/14/2007) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

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REVISED PRACTICE AND PROCEDURE ORDER re (370 in M:06-cv-01791-VRW) Order filed September 10, 2007 signed by Judge Vaughn R Walker on 3-24-08. (vrwlc3, COURT STAFF) (Filed on 3/25/2008) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

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Transcript of Proceedings held on 9-12-2008, before Judge Vaughn R. Walker. Court Reporter/Transcriber Debra L. Pas, Telephone number (415) 431-1477. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/2/2009. (Pas, Debra) (Filed on 11/6/2008) (Entered: 11/06/2008)

Nov. 6, 2008

Nov. 6, 2008

PACER
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Letter from Ilann M. Maazel to Judge Vaughn R. Walker re 9th circuit authority. (Maazel, Ilann) (Filed on 5/5/2009) (Entered: 05/05/2009)

May 5, 2009

May 5, 2009

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ORDER re 25 Letter filed by Hilary Botein, Virginia Shubert, Sarah Dranoff, Noha Arafa. Signed by Judge Vaughn R Walker on 5/14/2009. (vrwlc3, COURT STAFF) (Filed on 5/14/2009) (Entered: 05/14/2009)

May 14, 2009

May 14, 2009

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CASE MANAGEMENT STATEMENT Joint Request to Schedule Case Management Conference filed by United States of America. (Coppolino, Anthony) (Filed on 7/31/2009) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

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ERRONEOUS DOCKET ENTRY - Please ignoreNOTICE OF APPEAL. Filing fee $ 455. (Attachments: # 1 2nd part of Notice of Appeal)(gsa, COURT STAFF) (Filed on 7/31/2009) Modified on 8/7/2009 (gsa, COURT STAFF). (Entered: 08/05/2009)

1 2nd part of Notice of Appeal

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July 31, 2009

July 31, 2009

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CLERKS NOTICE : PER COUNSEL'S REQUEST, Case Management Conference has been scheduled in this case for September 3, 2009 at 3:30 p.m. Parties joint case management statement shall be due one week prior to the conference. Counsel for the plaintiffs and the defendants has been granted leave to appear telephonically. The clerk shall initiate the call. Parties requesting a continuance shall submit a stipulation and proposed order. If parties are unable to reach a stipulation, the requesting party shall submit an exparte application with a proposed order. Case Management Conference set for 9/3/2009 03:30 PM. Case Management Statement due by 8/27/2009. (cgk, COURT STAFF) (Filed on 8/5/2009) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

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CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by United States of America. (Coppolino, Anthony) (Filed on 8/27/2009) (Entered: 08/27/2009)

Aug. 27, 2009

Aug. 27, 2009

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Minute Entry: Case Management Conference (Telephonic) held on 9/10/2009 before Chief Judge Vaughn R Walker. Attorneys : For Plaintiff(s): Ilann Maazel (by phone). Cindy Cohn. For Defendant(s): Anthony Coppolino (by phone). James Whitman (phone). Govt to File Motion: 10/8/2009. Opposition: 11/5/2009. Reply: 11/19/2009. Hearing: 12/15/2009 at 10:00 AM. (Court Reporter not reported.) (cgk, COURT STAFF) (Date Filed: 9/10/2009) (Entered: 09/16/2009)

Sept. 10, 2009

Sept. 10, 2009

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STIPULATION to Extend Time to Renew Motion to Dismiss and For Summary Judgment by United States of America. (Ahern, Paul) (Filed on 10/2/2009) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

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STIPULATION AND ORDER granting doc 32 in C07-0693 Shubert v Bush filed by United States of America. The government defendants' renewed motion to dismiss and for summary judgment shall be filed no later than 10/20/2009. The plaintiffs' opposition to that motion shall be filed no later than 11/24/2009. Reply shall be filed no later than 12/4/2009. The hearing shall remain set for 12/15/2009 at 10:00 AM. Signed by Judge Vaughn R Walker on 10/7/2009. (cgk, COURT STAFF) (Filed on 10/7/2009) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

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STIPULATION (Second) to Extend Time to Renew Motion to Dismiss and for Summary Judgment by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Ahern, Paul) (Filed on 10/16/2009) (Entered: 10/16/2009)

1 Proposed Order

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2 Exhibit 1

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Oct. 16, 2009

Oct. 16, 2009

PACER
35

STIPULATION AND ORDER re 34 Stipulation filed by United States of America. Govt to file motion no later than 10/27/2009. Opposition due no later than 12/2/2009. Reply due no later than 12/8/2009. Hearing on Govt Defendants motion to dismiss and for summary judgment 12/15/2009 at 10:00 AM. Signed by Judge Vaughn R Walker on 10/21/2009. (cgk, COURT STAFF) (Filed on 10/22/2009) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

RECAP
36

STIPULATION (Third) to Extend Time to Renew Motion to Dismiss and for Summary Judgment by United States of America. (Attachments: # 1 Proposed Order)(Ahern, Paul) (Filed on 10/26/2009) (Entered: 10/26/2009)

1 Proposed Order

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Oct. 26, 2009

Oct. 26, 2009

PACER
37

STIPULATION AND ORDER. Government's motion due 10/30/09; plaintiffs' opposition due 12/04/09; reply due 12/08/09; hearing 12/15/09 at 10:00 am. Signed by Judge Vaughn R Walker on 10/28/09. (vrwlc3, COURT STAFF) (Filed on 10/29/2009) (Entered: 10/29/2009)

Oct. 29, 2009

Oct. 29, 2009

RECAP
38

MOTION to Dismiss and for Summary Judgment filed by United States of America. Motion Hearing set for 12/15/2009 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (Attachments: # 1 Exhibit 1, Public Declaration of Dennis C. Blair, Director of National Intelligence, # 2 Exhibit 2, Public Declaration of Keith B. Alexander, Director of the National Security Agency, # 3 Exhibit 3, Policies and Procedures Governing Invocation of the State Secrets Privilege)(Ahern, Paul) (Filed on 10/30/2009) (Entered: 10/30/2009)

1 Exhibit 1, Public Declaration of Dennis C. Blair, Director of National Intellige

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2 Exhibit 2, Public Declaration of Keith B. Alexander, Director of the National Se

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3 Exhibit 3, Policies and Procedures Governing Invocation of the State Secrets Pri

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Oct. 30, 2009

Oct. 30, 2009

RECAP
39

NOTICE by United States of America re 38 MOTION to Dismiss and for Summary Judgment of Lodging of In Camera, Ex Parte Classified Declaration of Dennis C. Blair, Director of National Intelligence (Ahern, Paul) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

PACER
40

NOTICE by United States of America re 38 MOTION to Dismiss and for Summary Judgment of Lodging of In Camera, Ex Parte Classified Declaration of Lieutenant General Keith B. Alexander, Director of the National Security Agency (Ahern, Paul) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

PACER
41

NOTICE by United States of America re 38 MOTION to Dismiss and for Summary Judgment of Lodging of In Camera, Ex Parte Classified Supplemental Memorandum of Points and Authorities (Ahern, Paul) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

PACER
42

STIPULATION AND ORDER re doc 36 THIRD STIPULATION TO EXTEND TIME TO FILE RENEWED MOTION TO DISMISS AND FOR SUMMARY JUDGMENT filed by United States of America. Signed by Judge Vaughn R Walker on 11/2/2009. (cgk, COURT STAFF) (Filed on 11/3/2009) (Entered: 11/03/2009)

Nov. 3, 2009

Nov. 3, 2009

RECAP
43

Memorandum in Opposition re 38 MOTION to Dismiss and for Summary Judgment filed byNoha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Maazel, Ilann) (Filed on 12/3/2009) (Entered: 12/03/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Dec. 3, 2009

Dec. 3, 2009

PACER
44

Reply Memorandum re 38 MOTION to Dismiss and for Summary Judgment filed byUnited States of America. (Attachments: # 1 Exhibit 1)(Ahern, Paul) (Filed on 12/8/2009) (Entered: 12/08/2009)

1 Exhibit 1

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Dec. 8, 2009

Dec. 8, 2009

PACER
45

Minute Entry: Motion Hearing held on 12/15/2009 before Chief Judge Vaughn R Walker re doc 38 MOTION to Dismiss and for Summary Judgment filed by United States of America ; the court submitted the matter, the court to issue order. (Court Reporter Jim Yeomans.) (cgk, COURT STAFF) (Date Filed: 12/15/2009) (Entered: 12/16/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
46

ORDER by Judge Vaughn R. Walker granting (680) Motion to Dismiss in case M:06-cv-01791-VRW; granting (38) Motion to Dismiss in case 3:07-cv-00693-VRW; granting Motion to Dismiss in 3:08-cv-4373 VRW. (Attachments: # 1 Appendix) (hlk, COURT STAFF) (Filed on 1/21/2010)

1

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1 Appendix

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Jan. 21, 2010

Jan. 21, 2010

PACER
47

JUDGMENT. IT IS ORDERED AND ADJUDGED that in accordance with the Court's January 21, 2010 Order, judgment is hereby entered in member caseShubert et al v Bush et al, No C 07-0693 in favor of defendants and against plaintiffs. (cgk, COURT STAFF) (Filed on 1/25/2010) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
48

ORDER re (Doc #46 in 3:07-cv-00693-VRW, Doc #703 in M:06-cv-01791-VRW) 1/21/2010 Order on Motion to Dismiss. Signed by Judge Vaughn R. Walker on 2/4/2010. (hlk, COURT STAFF) (Filed on 2/4/2010) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
49

NOTICE OF APPEAL as to (46 in 3:07-cv-00693-VRW) Order on Motion to Dismiss (47 in 3:07-cv-00693-VRW) Judgment by Virginia Shubert. Appeal Fee $455, Receipt Number 34611043712. (far, COURT STAFF) (Filed on 3/19/2010) (Entered: 03/22/2010)

March 19, 2010

March 19, 2010

PACER
50

Copy of Notice of Appeal and Docket sheet mailed to all counsel (Attachments: # 1 docket sheet)(far, COURT STAFF) (Filed on 3/22/2010) (Entered: 03/22/2010)

1 docket sheet

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March 22, 2010

March 22, 2010

PACER
51

Copy of Notice of Appeal and Docket sheet mailed to all counsel (Attachments: # 1 docket sheet, # 2 cover letter, # 3 USCA appeal notification form)(far, COURT STAFF) (Filed on 3/23/2010) (Entered: 03/23/2010)

1 docket sheet

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2 cover letter

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3 USCA appeal notification form

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March 23, 2010

March 23, 2010

PACER
52

USCA Case Number 10-15638 9th Circuit for 49 Notice of Appeal filed by Virginia Shubert. (far, COURT STAFF) (Filed on 4/26/2010) (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
53

TRANSCRIPT DESIGNATION AND ORDERING FORM for proceedings held on 12/15/09 before Judge Walker. (far, COURT STAFF) (Filed on 5/3/2010) (Entered: 05/04/2010)

May 3, 2010

May 3, 2010

PACER
54

Transcript of Proceedings held on 12/15/09, before Judge Vaughn R. Walker. Court Reporter/Transcriber James Yeomans, Telephone number (415) 863-5179. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 8/19/2010. (jjy, COURT STAFF) (Filed on 5/21/2010) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
55

CLERKS NOTICE Advising Counsel of Change in MDL Master Case Number Format (rcs, COURT STAFF) (Filed on 6/11/2010) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
56

ORDER of USCA (far, COURT STAFF) (Filed on 4/6/2011) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

PACER
60

USCA Memorandum as to 49 Notice of Appeal filed by Virginia Shubert (rcs, COURT STAFF) (Filed on 1/12/2012) (Entered: 05/14/2012)

Jan. 12, 2012

Jan. 12, 2012

PACER
57

NOTICE of Appearance by Adam Pulver (Pulver, Adam) (Filed on 2/1/2012) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
58

MANDATE of USCA (far, COURT STAFF) (Filed on 2/23/2012) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
59

CLERKS Letter Spreading Mandate to Counsel (far, COURT STAFF) (Filed on 2/23/2012) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
61

STIPULATION WITH PROPOSED ORDER Stipulation to Toll Defendants' Response to Second Amended Complaint filed by Keith B. Alexander, United States of America, Barack Obama, Eric H. Holder. (Coppolino, Anthony) (Filed on 5/21/2012) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
62

Letter from Adam Pulver Requesting Judge Assignment. (Pulver, Adam) (Filed on 8/20/2012) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
63

Letter from Ilann M. Maazel to Judge Wilken. (Pulver, Adam) (Filed on 9/5/2012) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
64

ORDER REASSIGNING CASE. Case reassigned to Hon. Yvonne Gonzalez-Rogers. Hon. Vaughn R. Walker no longer assigned to the case. Signed by Executive Committee on 9/6/12. (ha, COURT STAFF) (Filed on 9/6/2012) Modified on 9/7/2012 (jlm, COURT STAFF). (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

RECAP
65

REASSIGNMENT ORDER OF JUDGE YVONNE GONZALEZ ROGERS. Signed by Judge Yvonne Gonzalez Rogers on 9/6/12. (fs, COURT STAFF) (Filed on 9/6/2012) (Entered: 09/11/2012)

Sept. 6, 2012

Sept. 6, 2012

RECAP
66

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Judge Hon. Yvonne Gonzalez Rogers no longer assigned to the case. Signed by Judge Jeffrey S. White, on 09/17/2012. (jlm, COURT STAFF) (Filed on 9/17/2012) (Entered: 09/18/2012)

Sept. 17, 2012

Sept. 17, 2012

PACER
67

STIPULATION WITH PROPOSED ORDER Stipulation and Request to Reset Hearing Date; Set Briefing Schedule filed by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Coppolino, Anthony) (Filed on 9/24/2012) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
68

ORDER GRANTING AS MODIFIED 67 STIPULATION RE: Request to Reset Hearing Date; Set Briefing Schedule. Responses due by 10/18/2012. Replies due by 10/26/2012. Motion Hearing set for 12/14/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 9/25/12. (jjoS, COURT STAFF) (Filed on 9/25/2012) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

RECAP
69

Third MOTION to Dismiss and for Summary Judgment filed by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America. Motion Hearing set for 12/14/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Responses due by 10/18/2012. Replies due by 10/26/2012. (Attachments: # 1 Ex. A - DNI Public Declaration, # 2 Ex. B - NSA Public Declaration)(Berman, Marcia) (Filed on 9/28/2012) (Entered: 09/28/2012)

1 Ex. A - DNI Public Declaration

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2 Ex. B - NSA Public Declaration

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Sept. 28, 2012

Sept. 28, 2012

RECAP
70

NOTICE by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America re 69 Third MOTION to Dismiss and for Summary Judgment Notice of Lodging of Classified DNI Declaration (Berman, Marcia) (Filed on 9/28/2012) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
71

NOTICE by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America re 69 Third MOTION to Dismiss and for Summary Judgment Notice of Lodging of Classified NSA Declaration (Berman, Marcia) (Filed on 9/28/2012) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

PACER
72

STIPULATION WITH PROPOSED ORDER and Request to Set Briefing Schedule filed by All Plaintiffs. (Cohn, Cindy) (Filed on 10/2/2012) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
73

ORDER DENYING STIPULATION TO RESET BRIEFING SCHEDULE. Signed by Judge JEFFREY S. WHITE on 10/3/12. (jjoS, COURT STAFF) (Filed on 10/3/2012) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

RECAP
74

STIPULATION WITH PROPOSED ORDER TO DEEM CERTAIN DOCUMENTS FILED filed by All Plaintiffs, Noha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. (Pulver, Adam) (Filed on 10/16/2012) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
75

ORDER GRANTING 74 STIPULATION TO DEEM CERTAIN DOCUMENTS FILED. Signed by Judge Jeffrey S. White on 10/17/12. (jjoS, COURT STAFF) (Filed on 10/17/2012) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

RECAP
76

RESPONSE (re 69 Third MOTION to Dismiss and for Summary Judgment ) filed byNoha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. (Maazel, Ilann) (Filed on 10/18/2012) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
77

DECLARATION of Ilann M. Maazel in Opposition to 69 Third MOTION to Dismiss and for Summary Judgment filed byNoha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. (Related document(s) 69 ) (Maazel, Ilann) (Filed on 10/18/2012) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
78

STIPULATION WITH PROPOSED ORDER for Extension of Time for Govt. Defs. to File their Reply in Supp. of Summ. Judgment filed by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Berman, Marcia) (Filed on 10/24/2012) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
79

ORDER GRANTING (78 in 3:07-cv-00693-JSW) STIPULATION for Extension of Time for Govt. Defs. to File their Reply in Supp. of Summ. Judgment. Replies due by 11/2/2012.. Signed by Judge Jeffrey S. White on 10/25/12. (jjoS, COURT STAFF) (Filed on 10/25/2012) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
80

REPLY (re 69 Third MOTION to Dismiss and for Summary Judgment ) Government Defendants' Reply in Support of Third Motion to Dismiss and for Summary Judgment filed byKeith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Coppolino, Anthony) (Filed on 11/2/2012) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
81

NOTICE OF QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on December 12, 2012. (jswlc2, COURT STAFF) (Filed on 12/12/2012) (Entered: 12/12/2012)

Dec. 12, 2012

Dec. 12, 2012

RECAP
82

Minute Entry: Motion Hearing held on 12/14/2012 before Jeffrey S. White (Date Filed: 12/14/2012). (Court Reporter Joan Columbini.) (jjoS, COURT STAFF) (Date Filed: 12/14/2012) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

RECAP
83

Transcript of Proceedings held on December 14, 2012, before Judge Jeffrey S. White. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, Telephone number 415-255-6842. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 1/11/2013. Redacted Transcript Deadline set for 1/22/2013. Release of Transcript Restriction set for 3/21/2013. (Columbini, Joan) (Filed on 12/21/2012) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
84

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byNoha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. (Pulver, Adam) (Filed on 2/13/2013) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
85

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byKeith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Attachments: # 1 Clapper v. Amnesty International)(Berman, Marcia) (Filed on 2/27/2013) (Entered: 02/27/2013)

1 Clapper v. Amnesty International

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Feb. 27, 2013

Feb. 27, 2013

PACER
86

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byNoha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. (Maazel, Ilann) (Filed on 2/27/2013) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
87

ORDER RE ADDITIONAL BRIEFING. Signed by Judge Jeffrey S. White on February 27, 2013. (jswlc2, COURT STAFF) (Filed on 2/27/2013) (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

RECAP
88

Supplemental Brief by Govt. Defs. Addressing Clapper v. Amnesty Int'l filed byKeith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Berman, Marcia) (Filed on 3/6/2013) (Entered: 03/06/2013)

March 6, 2013

March 6, 2013

PACER
89

Supplemental Brief re 87 Order filed byAll Plaintiffs. (Related document(s) 87 ) (Pulver, Adam) (Filed on 3/13/2013) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
90

NOTICE by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America re 69 Third MOTION to Dismiss and for Summary Judgment Notice and Request that the Court Hold the Pending Cross-Motions for Summary Judgment in Abeyance (Berman, Marcia) (Filed on 6/7/2013) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER
91

RESPONSE to re 90 Notice (Other), Opposition to Defendants' Motion for a Stay by All Plaintiffs. (Maazel, Ilann) (Filed on 6/14/2013) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
92

DECLARATION of Ilann Maazel in Opposition to 90 Notice (Other), Defendants' Motion for a Stay filed byAll Plaintiffs. (Attachments: # 1 Exhibit A-P)(Related document(s) 90 ) (Maazel, Ilann) (Filed on 6/14/2013) (Entered: 06/14/2013)

1 Exhibit A-P

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June 14, 2013

June 14, 2013

PACER
93

Response re 91 Response ( Non Motion ) Government Defendants' Response to Plaintiffs' Opposition to Defendants' June 7, 2013 Notice byKeith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Coppolino, Anthony) (Filed on 6/19/2013) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
94

Notice to Withdraw as Attorney filed by Noha Arafa, Hilary Botein, Sarah Dranoff, Virginia Shubert. Responses due by 7/12/2013. Replies due by 7/19/2013. (Attachments: # 1 Affidavit)(Pulver, Adam) (Filed on 6/28/2013) Modified on 7/2/2013 (hdjS, COURT STAFF). (Entered: 06/28/2013)

1 Affidavit

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June 28, 2013

June 28, 2013

PACER
95

ORDER by Judge Jeffrey S. White GRANTING IN PART and DEFERRING RULING IN PART 69 Defendants' Motion to Dismiss and for Summary Judgment. (jswlc2, COURT STAFF) (Filed on 7/8/2013) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

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96

DOCUMENT ENTERED IN WRONG CASE - PLEASE DISREGARD (jjoS, COURT STAFF) (Filed on 7/8/2013) Modified on 7/8/2013 (jjoS, COURT STAFF). (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
97

MOTION for Reconsideration re 95 Order on Motion to Dismiss filed by All Plaintiffs. (Attachments: # 1 Proposed Order)(Maazel, Ilann) (Filed on 7/16/2013) (Entered: 07/16/2013)

1 Proposed Order

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July 16, 2013

July 16, 2013

PACER
98

AMENDED ORDER. Signed by Judge Jeffrey S. White on July 23, 2013. (jswlc2, COURT STAFF) (Filed on 7/23/2013) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

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99

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Keith B. Alexander, Eric H. Holder, Barack Obama, United States of America. (Berman, Marcia) (Filed on 7/30/2013) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
100

ORDER GRANTING 99 Stipulation to Continue Case Management Conference. Case Management Statement due by 9/20/2013. Case Management Conference set for 9/27/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on August 5, 2013. (jswlc3, COURT STAFF) (Filed on 8/5/2013) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

RECAP

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Foreign Intelligence Surveillance Act—Internet Metadata

Key Dates

Filing Date: May 17, 2006

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class comprised of all present and future United States persons who have been or will be subject to electronic surveillance by the federal government without a search warrant or court order since September 12, 2001.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States of America (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Type of Facility:

Government-run